2 Nott & McC. 180
Supreme Court of South Carolina
Decided November 15, 1819
Supreme Court of South Carolina · decided 1819-11-15
'Phis was a special assumpsit, on a warranty of soundness of a negro. On the trial a written warranty, not under seal, was produced by the plaintiff. The defendant’s counsel moved for a nonsuit on the ground that the warranty should have .been stated to have been in writing. For this supposed defect in the declaration, the presiding Judge, Mr. Justice Johnson, granted a nonsuit. The case was tried at Columbia, October Term, 1819.
Decided 1819-11-15
¶1*The opinion of the Court was delivered by [*181
¶2The motion has been ably supported by authorities, which show that such statement is unnecessary. See Rann v. Hughes, 7 Term Rep. 846. 1 Saund. 211.
¶3The nonsuit is, therefore, set aside, and the cause ordered to be reinstated on the docket.